City of New Carrollton, MD
Prince George's County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Adopted 11-18-1987 (Ch. 20, Art. II, of the 1975 Code)]
In all cases where the same offense is made punishable or is created by different clauses or sections of an ordinance, the prosecuting officer may elect under which to proceed, but not more than one (1) recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty from being enforced.
As used in this Article, the following terms shall have the meanings indicated:
A. 
A criminal offense, not amounting to a felony, arising from a violation of a law of the state, which violation is defined as a "misdemeanor;" or
B. 
Unless otherwise specified, a violation of any provision of the code shall be treated as a "municipal infraction" unless specifically declared to be a misdemeanor.
[Amended 8-18-1999 by Ord. No. 99-08]
MUNICIPAL INFRACTION
Any violation of this Code, which violation has been specifically declared to be a "municipal infraction," including a violation of any zoning or land use ordinance or regulation authorized to be adopted or enacted by the city and littering within the city as prohibited under § 468 of Article 27 of the Annotated Code of Maryland. For purposes of this Code, a "municipal infraction" is a civil offense as provided for in Article 23A, § 3(b) of the Annotated Code of Maryland. The word "infraction" used in this Code means "municipal infraction."
[Amended 8-18-1999 by Ord. No. 99-08]
[Amended 4-2-1997 by Ord. No. 97-01]
A. 
Infraction. Any person found guilty of violating a provision of this Code, which violation is an infraction as declared herein, shall be subject to a minimum fine of fifty dollars ($50.) and a maximum fine of one thousand dollars ($1,000.) or as provided for in Article 23A, § 3(a), of the Annotated Code of Maryland, as amended. The fine shall be paid by the offender to the city within twenty (20) calendar days of receipt of a citation. Each day a violation continues shall, unless otherwise provided, constitute a separate offense. The minimum fine shall be increased in increments of fifty dollars ($50.) for any subsequent violation of the same Code sections to a maximum fine of one thousand dollars ($1,000.) per occurrence.
[Amended 8-18-1999 by Ord. No. 99-08; 4-5-2006 by Res. No. 06-06; 5-3-2006 by Ord. No. 0605]
B. 
Misdemeanor. Unless otherwise provided herein, any person found guilty of violating any provision of this Code, which violation is a misdemeanor as defined herein, shall be subject to a fine not to exceed one thousand dollars ($1,000.) or imprisonment not to exceed six (6) months, or both such fine and imprisonment. Each day such violation continues shall constitute a separate offense. Imprisonment in default of fine and costs shall be regulated by the provisions of § 4 of Article 38 of the Annotated Code of Maryland.
[Amended 4-2-1997 by Ord. No. 97-01; 8-18-1999 by Ord. No. 99-08]
The Mayor and City Council shall by official act declare the violation of which ordinance or ordinances shall be a municipal infraction. Unless specifically set by such ordinance or ordinances, the fine shall be as provided for in § 1-21A herein.
[Amended 8-18-1999 by Ord. No. 99-08]
Any police officer or code enforcement officials authorized by the Mayor to enforce this Code may deliver a citation to any person in accordance with the provisions of Article 23A, § 3(b)(3), et seq. of the Annotated Code of the State of Maryland, as amended from time to time.
[Amended 4-2-1997 by Ord. No. 97-01; 8-18-1999 by Ord. No. 99-08]
A. 
All fines are payable by the recipient of the citation to the city within twenty (20) days of the receipt of the citation. The amount of any fine shall be determined according to § 1-21A herein. Upon the failure to pay any fine shown in the citation, the city shall proceed in accordance with the provisions of Article 23A, § 3(b)(5) et seq., as amended. In addition to the provisions of Article 23A, § 3, if a fine is not paid when due and trial has not been requested or trial has taken place and judgment has not been paid within thirty (30) days of such judgment, the city may include the amount of the fine or any judgment (including costs awarded) on the real or personal property tax bill of the person cited for the violation, and such fine/judgment shall be paid just as any real property or personal property tax levied by the city and shall be a lien against such personal or real property.
B. 
In cases where the city requests abatement and abatement is ordered but not abated within the time provided for the abatement, the city may apply to the court for a contempt of court citation/action and/or the city may take all reasonable steps to abate the violation. In such situations, the costs incurred by the city in abating the violation along with the fine (as provided above) shall be included on the real and/or personal property tax bill(s) and shall be a lien against such personal or real property.
[1]
Editor's Note: Former § 1-25, No formal hearing by city, was repealed 8-18-1999 by Ord. No. 99-08.
[Amended 8-18-1999 by Ord. No. 99-08; 12-1-1999 by Ord. No. 99-15]
A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the city, in writing, of the person's intention of standing trial. The notice shall be given at least five (5) days prior to the date of payment as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the city shall forward to the District Court for Prince George's County a copy of the notice from the person who received the citation indicating the intention to stand trial. All fines, penalties or forfeiture collected by the District Court for violations of infractions shall be remitted to the general fund of the city. All appeals shall be in accordance with the provisions of Article 23A, § 3(b)(4)(i) et seq. of the Annotated Code of Maryland, as amended.[1]
[1]
Editor's Note: Former § 1-27, Failure to pay fine, as amended 4-2-1997 by Ord. No. 8-18-1999, former § 1-28, Court proceedings and rights of accused, and former § 1-29, Conviction of municipal infraction not criminal offense, which immediately followed, were repealed 8-18-1999 by Ord. No. 99-08.